Navigating the Motion Process for Amendment 821 Retroactive Sentence Reductions

Navigating the Motion Process for Amendment 821 Retroactive Sentence Reductions

The recent adoption of Amendment 821 to the US Sentencing Guidelines has opened up new possibilities for federal inmates to get their sentences reduced. This article aims to explain, in simple terms, how the process works and what you need to do to take advantage of it.

What is Amendment 821?

Amendment 821 basically changes how a person’s criminal history is calculated when determining their guideline sentence range. It reduces the impact of older, minor crimes so judges have more flexibility to go lower if they want. There’s a bunch of complicated math involved, but the bottom line is–some folks who got long sentences before are now eligible for shorter ones under the new rules.

Who can get a reduction?

The Commission estimates around 11,500 federal prisoners will qualify for lower ranges based on Amendment 821. But you can only get it if:

• You were sentenced under the old guidelines before November 1, 2023
• Amendment 821 lowers your range. Your lawyer has to calculate and prove this.
• You haven’t had any disciplinary issues in prison lately
• The judge decides you deserve a reduction after reviewing your case

So even if you qualify on paper, it’s still up to the judge. Nothing is guaranteed.

What’s the process?

Here are the basic steps to go through:

1. Calculate your new range under Amendment 821 and prove you qualify
2. File a motion in your sentencing court asking for “retroactive application” of the amendment
3. The probation office will likely prepare a report on your behavior in prison
4. Prosecutors can oppose your motion if they want
5. The judge reviews everything and decides whether to reduce your sentence
6. If approved, the reduction takes effect February 1, 2024 at the earliest

Seems easy, but there’s a lot of details and paperwork involved. That’s why most people get a lawyer to handle it.

When can I file my motion?

The earliest you can file is November 1, 2023 after the amendment takes effect. But the judge can’t actually reduce your sentence until February 1, 2024 due to the “delayed retroactive application.”

Some lawyers might file motions now to get them queued up and ready to rule on in February. But others may wait till early 2024 so they’re fresh in the judge’s mind when the time comes.

What goes in the motion?

The motion itself makes the formal request for a reduction. It should include:

• Your personal info, case history, and current sentence
• The calculation showing your new lower range under Amendment 821
• Reasons why you deserve the reduction and have rehabilitated yourself
• Any supporting evidence, like program certificates, work history, etc.
• A specific request, like “Reduce sentence from 20 to 15 years”

Building a strong case takes some work. Your lawyer will handle all the details, but you need to provide them records and information about your time in prison.

What will the judge look at?

The judge has to consider a few things when deciding on a reduction, including:

• Your new guideline range calculated under Amendment 821
• Your disciplinary record and evidence of rehabilitation
• Statements from victims, family, and community
• Whether you’re a danger to public safety
• Other factors from your original sentencing

They don’t have to grant the full reduction allowed under the new range. They might only take off a year or two if they’re worried about public safety or other issues.

What if I’m denied?

If your motion gets denied, you do have the right to appeal. But your chances on appeal aren’t great unless the judge clearly made a mistake applying the law. Getting denied doesn’t prevent you from seeking other forms of relief down the road either.

Key tips

Here are some quick tips for navigating the process successfully:

• Get an experienced federal post-conviction lawyer
• Calculate your exact new range under Amendment 821
• Highlight your rehabilitation and good conduct
• Get letters of support from staff, family, friends
• Specifically request the lowest justifiable reduction
• Be patient – even with approval, it takes months

The bottom line is–Amendment 821 offers new hope, but take steps to put your best foot forward. This is a real chance to get out sooner if you handle it right. Good luck!

References

Here are the references cited in this article:

[1] Understanding Sentence Reduction Orders Under Amendment 821 Retroactivity

[2] Understanding the Criteria for a Retroactive Sentence Reduction Under Amendment 821

[3] Sentencing Guidelines for the United States Courts

[4] “Reader-Friendly” Version of Retroactivity Amendment (Effective November 1, 2023)

[5] August 24, 2023 – United States Sentencing Commission

[6] Federal Sentence Reduction – Amendment 821